d with the same legal fees. The original H-1 stays in tact unless revoked by the BCIS (INS) or the employer. The employee can work with the new employer once the receipt notice has been received.

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A59 Yes.Open a company and then apply for either a full-time or a simultaneous H-1 for your own company. There are a few conditions applicable.First, you must be working in your own area of expertise. For example,a Software Engineer may NOT open a company selling shoes.Second, technically, your company must pay your wages even if the company is not making any money. Remember that you cannot use your own company to get a green card.

Q60 According to H1-B employment law, can an employer change the salary from the salary documented on H1 application? My employer is doing contracting business and paid me a lower amount the first month because it did not have any clients?

A60 It is illegal to do so unless the H-1 papers mention that the employee can be paid on a part-time basis. The employers are NOT permitted to bench employees in this manner.

Q61 How many H-1s can an individual obtain?

A61 There is no limit .

Q62 Does the number of H-1 visas obtained by one personeffect the greencard application process?

A62 No.

Q63 Can you have simultaneous H1-B (One full time and one part time at the same time working for two different companies)? If so, is the six year period calculated for the multiple visas?

A63 It is permissible to hold many H-1's separately as long as the total period does not exceed six years. For instance, if you held one part time and one full time H-1 from 1/1/96-12/31/96, you have only spent ONE year on H-1. This is so even though you held two H-1 jobs simultaneously during this time. The jobs may be both part time or one full and one part time. The number of hours worked is irrelevant for this determination.

Q64 What documents do I need for H4 visa when applying at US consulate ?

A64 The following are the documents are necessary:

1. All H-1 papers.

2. A copy of the H-1 stamp on spouse's passport.

3. Marriage certificate/ license 4. Marriage photos - take all the photos of the important ceremonies.

5. A letter from spouse's employer(s) stating salary, job title.

6. $20.00 application fee (in Calcutta, they need a draft for Rs 800.00)

7. $100.00 fee after you get the Visa.

8. It is advisable to contact the consulate to get the list of dicuments they require.

Q65 My wife has an H-4 visa and she wants to work. She would like to obtain an H-1 visa. Is it the normal procedure or does she need to do anything different?

A65 It is the same procedure, no difference.

Q66 Can applying for H-1 Visa and Canadian Immigration at the same time cause any harm in any case at all?will it cause any problem for me to get my h-1 approved if they find out that I have applied for Canadian immigration as well ? Is there any way for them to find out ?

A66 No. I do not see any problem in that.

Q67 Please let me know as one of my friends has an H1B Visa from company X and he got the Visa stamped in New Delhi and is currently working in Singapore. He has an offer from company Y and they are in process to apply for his H1B. Can he cancel his VISA in Singapore or he may have to go back to New Delhi to cancel his Visa or can he apply for the change of employer asking company Y to do so.

A67 Tell him to apply for a new visa at the US consulate at Singapore.

Q68 Following the previous question can I become full-time employee at Y and then continue working for X part-time?

A68 Certainly, but you will need to file a new H-1 even for X, because if the old H-1 were approved for full time employment, the change to part-time requires a new H-1, UNLESS the old H-1 (with X) was for a range of hours (10-40 hrs./week).

Q69 Can a US consulate, OTHER THAN THE ONE MENTIONED ON THE "NOTICE OF ACTION", issue the H1B visa?

A69 Yes. It is the issuing consulate's discretion

Q70 I would like to ask you for an information about H-1B extension and re-entry. At present I am a worker on H-1B visa (granted as a change of status while in US) valid till June 1997. I have just received an extension of my contract with the present employer for another year (till June 1998). I plan to go to my home country for a visit next month. Q1:Can I apply for an extension of my H-1B for another year (till June 1998) in my home country with just current valid H-1B visa (valid till June 1997) and letter from employer confirming my extension for another year?

A70 No. H-1B extension must be first approved by BCIS (INS). Q2: What documentation will I need for an application/extension of H-1B visa in my home country? A: H-1B extension is almost the same thing as applying for a new H-1.

Q71 I have seen in your newsgroup that the maximum stay on H1B visa is 6years. I am currently on H1B visa, with another 3 years left, and am also doing my Master's program. Can I shift to a student visa (after my H1B term is done) and subsequently to OPT and then back to H1B? Or, do I just have to go back after three years? Please let me know.

A71 Any time NOT utilized on H-1 is preserved for future use. So you will still have 3 years left.

Q72 I am in the process of changing job. Right now my visa status is H1B. My spouse is on H4 visa. She recently accepted a job and applied for H1B visa. So my question is when I apply for my new H1B visa do I need to apply a H4 visa for my wife?

A72 No. She will have her own H-1. As long as you maintain status (does not matter with which employer), her H-4 is valid. The moment her H-1 is approved, she will then have independent H-1 status.

Q73 I went through the FAQ (for H visas) and understand that you can maintain multiple H visas. I am not sure whether this is specifically for an H1B or for any class of H visa (say an H4). My question is can my wife who has an H4 visa, apply and work part-time or even full time on a different H visa? How does this affect her H4 multiple entry visa (on her passport) and her ability to travel on it? And does a travel agent qualify as a specialty occupation?

A73 Your wife CANNOT work on H-4. She would have to get a new H-1 permission as well as visa. A travel agent probably does NOT qualify for an H-1.

Q74 I would like to seek your erudite opinion on a topic not covered by the H-1 FAQ. I am suffering from tendonitis on my forearms and find that my job as a programmer aggravates it. I am currently on a H-1 and hold an Indian citizenship. I am undergoing physical therapy etc to recover from the problem. I was hoping I can take a month or so off to recover fully. I was wondering if the BCIS (INS) would have a problem with that if my employer agrees to it.

A74 BCIS (INS) should not have any problems. This is a very genuine difficulty.

Q75 I went through your faq's and they were very helpful and answered most of the questions. I am on HIB status and right now have an option to join a job in Chicago or Minneapolis and would like to know which one is better to take up for my green card processing. I have heard from my friends ( not lawyers) that it takes a long time for green card processing in Chicago. I would appreciate your insight on this.

A75 Because of the new RIR procedures, it may be better to go with the employer who has been advertising regularly for your type of jobs.

Q76 Is there a limit to the number of applications (potential employees)that a particular company can file (H-1's) on behalf of ?

A76 There is NO limit on how many persons you can hire on H-1.

Q77 Is a SEPARATE "NOTICE OF ACTION" needed for the spouse and dependent children to get their H4 visa?(continuation to the previous question)

A77 No.

Q78 Are Canadian permanent residents eligible for the TN status as stated in the NAFTA agreement or is it limited to Canadian Nationals.(continuation to the previous question)

A78 Only citizens are eligible.

Q79 I am working at company X. I am being interviewed by company Y. If I accept their (company Ys) offer: 1) Can they (company Y) apply for an H1B while I continue to work at X? 2) Can I continue to work at X while the new H1B process is going on and switch over to company Y only after the H1B for company Y is approved? 3) If company X terminates my employment upon learning of my job offer at Y and if my H1B for Y is not yet approved - do I become an illegal alien or do I have some grace period.

A79 1) Yes. 2) Yes. 3) There is no grace period. All change of status and extensions must be filed prior to expiration or termination.

Q80 I have a question about getting an H-1 visa (stamp). I heard that in general, American consulate cannot deny H-1 visas to those who have BCIS (INS) approval (I797). Is it true? I am planning a trip to my home country (which happens to be China), and I want to apply for an H-1 visa there, together with my wife, who's applying for an H-4. Should I fear a denial? Usually what can be grounds for denial of an H visa?

A80 That is absolutely false. Consulate CAN deny an H-1 visa even though you have the BCIS (INS) approval.

Q81 I am working full time for a company A on a H1-B visa. I am considering changing jobs to work with company B. I of course do not wish to give up my current H1 visa before the new H1 is approved. I also do not wish to be out of status at any point. These are my 2 questions: 1. I have a 4 week notice period with my current employer. Are there are legal implications if I ho